Proclamations by the Governor of North Carolina : together with the opinion of Chief-Justice Pearson. And the reply of the governor

F 259
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Copy 1

PROCT. A ^r ANIONS

By tUfi GOYERNOR Of IRTH CAROL!

KiioriiKi; wii'ii

THE lll'INKIN (IK ('llli5F-.irSTI('E PEARSOl

AMI

THE 1IEPL\ (IE THE lillVERNOll.

U A L E I (} ir :

AXl>A!tl) STT'^AM T.noK AND .TOr> I'lMNT.

I

PROCLAMATIONS

f 111 mmW 01 NORTH CAROLIM ;

TOGETHER W3TU

THE OPTION OF CHIEF-JUSTICE PEARSON.

THE REPLY OF THE GOVERNOR.

RALEIGH:

STANDARD STEAM BOOK AN'D JOB PRINT.
1870.

2 Si'

PEOCLAMATIONS, &c.

A PROCLAMATION",

BY HIS EXCELLENCY, THE GOVEKNOli OF NORTH CAROLINA.

EXECUTIVE DEPATMENT,
Haleigh, October 12th, 18G8,

Infor»nation has been received at this department that mili-
tary weapons, sucli as repeating rifles ot various kinds, have
been imported into this State, and have been distributed with
nmnmnitiur and C(juij)inents to citizens in several localities.
It is believed that boxes containing arms, ammunition and
equipments are concealed in divers places, ready to be distribu-
ted as opportunity n)ay offer.

The object of the persons thus engaged must be either to
■subvert the government, to resist the constituted authorities,
■or to prevent a free election in this State on the third day of
next montli.

The government of Xortli Carolina has been lawfully and
■conetitutionally established. This government has been freelj'
and voluntarily formed by a majority of the citizens in pursu-
ance of acts constitutionally passed by the Congress, under
which my immediate predecessor held office from the 2d day
of March, 1807, to the 1st day of July, 1868. The constitu-

tionality of these acts, it" questioned during this period, were-
nevertheless subscribed to and maintained by him, and by every
department of the government, from the said 2d day of March,
1867, to the said- 1st day of Jul}^, 1868 ; and now, that tkey
have been executed by the common consent of the whole people
voting under them at tlie polls for mesisbers of a Convention,
for the new Ctmstitution, and for members of Congress and
State officers, the result which has been effected closes the dis-
cussion in relation to them, and renders the present Constitu-
tion of government as valid and binding as were the Constitu-
tions of 1776 and 1835.

This government will be maintained for the following, among
other reasons :

1st. It has been lawfully and constitutionallv established by
the whole people of the State. It is operating smoothly and
harmoniously. Under it the people are quiet and peaceable,,
and are just entering anew on a career of prosperity. It must
not be upset or even assailed, because tlie colored people have
been allowed to vote ; or because they will vote with a certain
party ; or because a few puljlic men arc out of office and a few
are in.

2d. Senators and Representatives have been admitted by the
Congress to seats in that body. The State is, therefore, of as
well as in the Union. It is as much of tlie Union as I^ew
York or any other State. No State can secede, nor can Con-
gress push a State out, or sever its relations with the common
government. If Congress should, therefore, do what is exceed-
ingly improbable, repeal the reconstruction acts, such repeal
would have no more effect than a repeal of the act admitting
Texas or Kansas to representation. The reconstruction acts
have been executed, and arc, therefore, beyond the reach of
Congress.

3d. The Supreme Coui-t has no jurisdiction of the subject.
Its powers arc expressly defined by the Constitution to be
"judicial,'- and not political. It has already decided that the
question of admission to representation is a political question,

and that wlien determined by Congress, as it has been in rela-
tion to North Carolina, the court Avill not interfere.

4th. The President would have no more power to declare
the reconstruction acts null and void, with a view to tlie extin-
;gui3hment ot the government of this State, than I would have
to declare that a certain County or Counties in this State should
■cease to exist.

The government of i^ortli Carolina is, therefore, as firmly
■established as that of any other State. It has the same control
of the right of suffrage, and of its own internal affairs, as the
■other States have ; and it possesses equal power with the other
.States to protect and perpetuate itself.

The right of the people to have arms in their houses, and to
"bear" them under the authority of law, is not questioned.
On the contrai-y, it is clain)ed as a constitutional right sacred
to freemen. The nse of arms by the male population, for
peaceable and lawful purposes, should rather be encouraged
than otherwise ; but when, in time of peace, weapons of an
extraordinary character are imported into the State b}' political
organizatior.s, and deposited and distributed in a secret manner
Among persons whose spokesmen deny the authority of the
existing government, and who publicly declare that all govern-
ment, to be authoritative and binding, must proceed alone
from one race of our pco})le, a state of affairs is at once consti-
tuted M'hicli renders it the duty of every officer and every
citizen to be more than usually vigilant. It can not be pre-
tended that these arms are intended for hunting or sporting
purposes. It can not he justly assumed that they are necessary
for the protection of those who have them, since the whole
poAver of the State and general governments is pledged to
protect the peaceable and the law-abiding, whoever and where-
ever they may be.

If it be the purpose of any portion of the people in any event
to resist the laws or to subvert the government, they should
bear in mind that treason is the highest crime that can be
■committed ; that they are liable to arrest and punishment

6

under tlie '' Act to punish conspiracy, sedition and rebellion,"
whicli will be enforced, if necessary, with a firm hand ; and
they should reflect that the magnanimity of the government,
which spared the lives and the estates of those who engaged
in the late rebellion, may not be extended a second time to
save them from the consequences of their crimes.

If it be the purpose of any portion of the people, by the use
of arms, or by threats or intimidation, to prevent the people
from going to the polls and voting as they may choose to vote
on the third day of next month, it is my duty to inform them
that force will be met with force, and that every person who
may thus violate the law will be punished. Every race of
men in this State is free. The colored citizen is equally enti-
tled with the white citizen to the right of suffrage. The poor
and the humble must be protected in this right equally with
the afliuent and the exalted. The election must be absolutely

free.

In view, therefore, of this condition of affairs, I have deemed
it my duty to issue this Proclamation, admonishing the people
to avoid undue excitement, to be peaceable and orderl}", and
to exercise the right of suffrage firmly and calmly, without
violence or force of any kind. Every good citizen is gratified
that North Carolina is at present as quiet and peaceable as
any State of the Union. Let us maintain this good name for
our State. Let us frown indignantly on the use of brute force,
or bribes, or threats, to control the election ; and let every
officer of the State, civil and military, be prepared to check
instantly any incipient step to sedition, rebellion or treason.

The flag of the United States waves for the protection of
all. Every star upon it shines down with vital Are into every
spot, howsoever remote or solitary, to consume those who may
resist the authority of the government, or who oppress the
defenceless and the innocent. The State government will be
maintained ; the laws will be enforced ; every citizen, what-
e\er his political sentiments, will be protected in his rights;
the unlawful use of arms will be prevented, if possible, and if

not prevented, will be punished ; and conspiracy, sedition and
treason will raise their heads only to be immediately subdued
by the strong hand of military power. The General com-
manding this department has instructed the district and post
commanders to " act in aid and co-operation, and in subordi-
nation to the civil authorities," in maintaining the peace and
in securing a free election. The power of both governments
is thus pledged to peace, order and tranquility.

It is specially enjoined on all officers of the Detailed Militia
to observe the " act to organize a militia of North Carolina,"
and to act in strict subordination to the civil power. And all
Magistrates, Sheritis and other peace officers are also speciall}^
enjoined to be vigilant, impartial, faithful and firm in the dis-
charge of their duties, magnifying and enforcing the law,
ferretino- out ofi:enders, protecting the weak against the strong
w'ho may attempt to deprive them of their rights; to the end
that the wicked may be restrained, the peace of society
preserved, the good name of the State maintained, and the
government perpetuated on the basis of Freedom and Justice
to all.

. ._ Done at our city of Raleigh, on the 12th day of

< L. s. t October, in the year of our Lord one thousand eight

~^' ■ hundred and sixty-eight, and in the ninety-third
year of our Independence.

W. W. HOLDEN, Governor.
By the Governor :

Robert M. Douglas, Private Secretary.

A PROCLAMATION,

BY HIS EXCELLEISrCY, THE GOVEENOR OF NORTH CAROLINA.

EXECUTIVE DEPARTMENT,

Raleigh, April IG, 1S69.

It is my duty to publish the following act, passed by the
•General Assembly of North Carolina at its recent session :

AN ACT MAKING THE ACT OF GOIXG MASKED, DISGUISED OR
PAINTED A FELONY.

Sectiox 1. The General Asscmbli/ of North Carolina do enact, Any person who
shall disguise himself bj^ painting- his face, or by wearing any mask or any
otlier device for the concealment of the face or person with intent to terrify or
frighten any citizen or the community, or part thereof, shall be deemed guilty
of a misdemeanor, and be punished by fine or imprisonment in the County jail,
at the discretion of the Court.

Sec. 2. Any person or persons, either singly or in association with each other,
who, being disguised or masked, or otherwise concealed in the manner described
in the preceding section, shall commit any trespass or act by force or violence,
which is now a misdemeanor by any statute of this State, or at common law,
shall be deemed guilty of felony, and shall be imprisoned at hard labor in the
■Penitentiary for a term of not less that one j'ear, or more than ten years.

Sec. 3. This act shall go into effect on its ratification, and tlie Governor shall
cause the same to be published immediatelv.

llatitied the Pith day of April, A. D. 1809.

No person in this State can be " in any manner de])rived
of his life, liberty or property, l)ut by the law of the land.''
Every man's liOiise is his castle, into which no man can enter
to molest or disturb him unless by authority of law. The
humblest and the poorest are entitled to this protection equally
with the wealthiest and most exalted. The Courts will extend
this protection, and tlie Executive is prepared to sustain the
Courts, and to do every thino- within the sjihere of his powcj-s
and duties to preserve peace and good order in society. Bands
of men who go maslced and armed at night, causing alarm and
terror in neighborhoods, and committing acts of violence on
tlie inoffensive and defenceless, will be followed and brought
to justice ; and dci)redators and robbers, who live on the honest

9

earnings of others, will be made to feel the penalty due to
their crimes.

It is hoped the evils complained of, and which are conlined
to a few localities, will speedily cease. The great bod_y ot the
peoi'le of the State are snbinittiiig- quietly and peaceably to
established authority, and laboring assiduously to retrieve
their fortunes and improve their condition. I appeal to this
great body of the people to unite vrith me in discountenancing
and repressing the evils referred to. Public opinion properly
embodied and expressed will be more effectual in rejn-essing
these evils, and in promoting the general good that will result
from the complete establishment of peace and order in every
neighborhood in the State, than the execution of the la^ it self
against offenders in a few individual cases. I respectfully and
earnestly invoke this public oj)inion. By the regard which
we all have for the peace of society and the good name of the
State, I call upoji every citizen to unite with me in discoun-
tenancino; disorders and violence of all kinds, and in fosterini''
and promoting confidence, peace and good-will ainong the
whole people of the State.

_„_ Done at our City of .[laleiL!-h, this the 16th dav of

( — ] . . . "

i L. s. ]■ April, one thousand eight hundred and sixty-nine,

" "^ ■ and in the year of the independence of the United

'States the 93d.

W. Y/. IIOLDEN, Governor.

By the Govertior :

W. li. iticiiAEDSON, Acting jRrivate SSecrcianj.

A PROCLAMATION,

EY HIS EXCELLENCV, THE GOVERNOR OF NORTH CAROLINA.

EXECUTIVE DEPAllTMENT,

Ealeigii, October 20th, 1S09.

JN'otwit!^.?tanding the existence of jieace and good order in

10

other portions of the State I regard it as my duty to announce
that in four Counties, to-wit : Lenoir, Jones, Orange and
Chatham, there is, and has been for some months past, a feel-
ing of insubordination and insurrection, insomuch that many
good citizens are put in terror for their lives and property,
and it is difficult, if not impossible, to secure a full and fair
enforcement of the law. Information has reached, and con-
tinues to reach the Executive, that in the above Counties a
state of feeling exists which is totally incompatible Avith the
free exercise, by the friends of the Government, of that inde
pendent expression of opinion, and that freedom of action
which is the birthright of every American. In Lenoir and
Jones various thel'ts and murders have been committed ; jails
have l)een forcibly opened and the prisoners taken thence
have been murdered • an othcer of the, hiAV has been waylaid
and slain on the public highway, and another officer of the
law has been slain in the open day while engaged in his ordi-
nary avocations. Private dwellings have been entered and
the occupants terrified, and some of them whipped or mur-
dered ; others liave been shot or hanged or cruelly beaten ; and
the result is that thus far the civil law, though firmly asserted
and maintained, has not been adequate to bring the insubor-
dinate and the wicked to condign punishment. In Chatham
the jail has been forcibly opened and a prisoner, confined un-
der sentence of a Court ot the United States, has been liberated
and is now at large. In Orange the jail has been forcibly
opened and two prisoners (colored men) taken out and shot,
one of whom has died of his wounds. Three other colored
men have been hanged until they were dead, one has been
cruelly mutilated, and others have been whipped. White citi-
zens have been injured, insulted and terrifiod. The University
of the State, sacred to the cause of learning, has been re-
peatedly invaded by bands of armed men in disguise on horse-
back, and acts of violence have been there perpetrated on nn-
oflfending citizens and officers of the law. Many of the col-

11

ored people in tliose Counties, and !io inconsiderable portiou
of the wiiitc people, tliongh obedient to the law and sfood
citizens, are livluir under constant apprehensions tliat they may
fall victims at any moment to the malice of their enemies.

It is made my duty under the Constitution " to call out the
militia to execute the law, suppress riots or insurrectio;i and
to repel invasion," I deeply regret that it seems necessary to
resort to the military power to enforce the law and to protect
the citizen. But the law must be maintained, I have waited
in vain, hoping that a returning sense of reason and justice
would arrest these violations of the law. But these evils, in-
stead of diminishing have increased, and no course is left to
me but to issu'^ this proclamation of admonition and warning
to all the people of the Counties mentioned, whether engaged
in these liagrant violations of law, or whether indifferent or
insensible to what is occurring in their midst. 1 now call upon
every citizen in the Counties aforesaid to aid the civil ])ower
in a fearless enforcement of the laws. No set of men can take
the law into their own hands. Every citizen, however hum-
ble, or whatever his color, has aright to be at peace in his own
house, and cannot be taken thence except by due process, and
cannot be punished save by the law. If there be those who
counsel resistance to established authority, such persons are
traitors and should be punished accordingly ; if there be those
who, disguised or masked, enter the dwellings of others] by
force and commit acts of violence, such persons are guilty of
felony, and should be punished by hard labor in the peniten-
tiary ; if there be those who, without precept or order, hang,
or shoot, or otherwise deprive any one of life, such persons are
murderers, and should be punished accordingly,

I now give notice in the most solemn manner, that these]vio -
lations of law and these outrages in the aforesaid Counties
must cease : otherwise, I will proclaim those Counties in a
state of insurrection, and will exert the whole power of the
State to enforce the law, to protect those who arc assailed or
injured, and to bring criminals to justice. In a matter like

12

lliis there should be no p'lrtj' feeling. It i» inj- fixed purpose
to protect every citizcTi v;ithout regard to his antecedents, his
color or his political opinions ; but to do this the law must be
sacred, must be spread over all alike, and must be inflexibly
maintained.

^ ^ Done at our City of Kaleigh, this the 20th day of

"I L. s. - October, in the year of our Lord, one thousand eight
'' "^^ — hundred and sixty-nine, and in tlic ninety-fourth
year of our Inde]^endence.

W. X^. IIOLDEX, Govr'^vnv,
IJy the Goveriior :

\V. R. TticiiARDSox, Private Secretary.

A PROCLAMATION

KY ins EXCLLLE!S^CY, THE GOVERKOE OF KOKTH OAKOLIXA.

EXECUTIYE DEPARTMENT,

Raleigh, March 7th, 18T0.

By virtue of authority vested in tne b}' the Constitutiou of
the State, and by virtue of an act passed at the pre-cnt session
of the General Assembly, entitled " An act to secure t]ie better
^protection of life and propert}'," ratified the 20th day ot Jan-
'aarv, 18T0, and for the reason that the civil authorities of the
Oountv of AhDiianco are not able to protect the citizens of
r-aid County in the enjoyment of life and property, I hereby
•^.)roclaim and declare that the County of Alamance is in a state
of insurrection.

On the 26th of November, 1860, a citizen of tiie United
Stal+^s, Nvhu Wiis engaged in toaclriug a school m ouid Count3',
was taken from his house l^y a band of men armed and dis-
guised, and was l)y tliem cruelly beaten and scourged.

13

On tlie night of the 20th of Febrnurv, 1870, a citizen of said'
County was taken from Iiis house by v-. i>and of men anoec^
and disguised, and was by them hanged by the nc3k until he-'
was dead on tlie public; square in the town of Graham, near
tlie Court House.

And more recenth' the Postmaster at Company Shops, in-
said county, an officer of the Government of tlie United States,
vras compelled to flee the County, and while absent a band o:f
men armed and disguised visited liis liouse, with tlio purposej,
doubtless, of taking his life; and this within a short distance
of Federal troops stationed in said County, not to overav.-e or
intiraidate good citizens, but to preserve the peace and to pro-
tect the innocent and the law-abiding.

In addition to these cases information has been received at.
this department that peaceable and law-abiding citizens of tht^
County aforesaid have been molcbted in llieir houses, liave
been whipped, shot, scourged, and threatened witli i'nrther
visitations of violence and outrage unless they would conlbrni:
to some arbitrary standard of conduct set up by these disgiiised
assassins and murderers.

I have issued proclanuition after proclamation to tiie })eoj)]e
oi the State, warning olfenrters :\\)Ci wicked or misgnidet?
violators of the law to cease their evil deeds, and, by ieadinj^-
better lives, propitiate those vv-iiose duty it is to enforce the-
law. I have invoked public opin. ion to aid me in re}>ressiiig;
these outrages, and in preserving [>eace and order, l have
waited to see if the people of Alamance would assemble m
public meeting and express their condemnation of such cod-
duct by a portion of the citizens of the County, but I have
waited in vain. Xo meeting of the kind has been held. I^o
expression of disapproval even oi' such conduct by the great
body of the citizens has yet reached this department ; but, ob
the contrary, it is believed that the lives of citizens who hiivc
reported th.ese crimes to the Executive have been thereby
endangered, and it is further believed that many of the citizens
of the County are so terrified that they dare not complain, or

14

•attempt the arrest of criminals in their midst. The civil
officers of the Count}' are silent and powerless.

The laws must be maintained. These laws are over all.
Every citizen, of whatever l^art}' or color, must be absolutely
free to express his })olitical opinions, and must be safe in his
own house. These outrages and these violations of law must
and SHALL cease. Ci'iminals must and shall be brought to
justice. The whole ])ower of l)oth governments, State ami
Federal, is pledged to this, and this })0wer will be exerted.
"Criminals who may escape to counties adjoining Alamance
will be ])ursued, and if not delivei'ed up by the civil authorities
of said counties, or if sheltered or protected in said counties
with the knowledge of the civil authorities, the said counties
will also be declared to be in a state of insurrection.

I earnestly ap])eal to all good citizens to aid the civil author-
ities in mai!itaing peace and good order, and to support me in
my purpose to protect life and property without regard to
party or color.

Dine at the city of Raleigh, this 7th day M' March, 1S70,
and in the O-ith year of our Independence.

W AV. IIOLDEX, Govcr7W)\
By the Governor:

W. R. liiciiAKPSON, Pi'wate Secretary.

A PROCLAMATION

BY HI^ EXCKLLENCV, THE GOVERNOR OF NORTH CAROLINA.

EXECUTIVE DEPATMENT,

Raleigh, June Gth, 1870.

Whereas, In January or February, 1869, the house ot Dan-
iel Blue, colored, in the county of Moore, was entered at night

15

bj a band of disguised men, known as the Ku Klux Klan, and
tlie wife of the said Bhie, who was pregnant, and live of the
children were murdered, and the house Avith the bodies of the
murdered persons aforesaid was burned; and

Whereas, on the 26th of February, 1870, Wyatt Outlaw,
colored, a citizen of Alamance, was taken from his house in
the town of Graham by disguised persons known as the Ku
Klux, and hanged by the neck until he was dead, on a tree
near the Court House ; and

Whereas, on the 21st day of May, 1870, John W. Stephens,
white. State Senator from the county of Caswell, w^as murdered
in open day-light in the Court House in the village of Yance}'-
ville, by persons unknown, supposed to belong to the Ku Klux
Klan aforesaid ; and

Whereas, on the 13th of May, 1870, Robin Jacobs, colored,
living near Leasburg, Caswell county, was murdered at night
by a band of the Ku Klux Klan aforesaid ; and

Whereas, from the 2d of Api-il, 1870, to the 15th of May,
1870, not less than twenty-one persons, white and colored, in
the aforesaid county of Caswell, were cruelly whipped and
scourged by a band or bands of the aforesaid Ku Klux Klan ;
and

Whereas, during the week ending the 1-lth of May, 1870, a
colored man in the county of Lincoln was takci\ from his bed
at night and tied to a tree bj- a band of disgused persons known
as the Ku Klux Klan, and cruelly whipped ; and

Whereas, about the same time, in said county, a band of
men disguised, known as the Ku Klux Klan, in said county,
shot a colored man on the public highway, and then told him
they had shot him through mistake for another colored man,
but laid him on a pile of fence rails and told him to cry for
help ; and

Whereas, a colored man named ruryenr, of the county of
Alamance, supposed to be half-witted, having followed two of
the disguised murderers of Wyatt Outlaw to their homes, and
having spoken of the fact publicly, suddenly disappeared, and

10

vras found drowned in a mill pond with a twenty-pound roclc
to his feet; and

Whereas, T. M. Shotiner, one of the Senators in the General
Assembly of this State from the counties of Alamance and
Guilford, has been compelled to sacrifice his property, and, to
save his life, to make his escape from said count}' on account
of his opposition to the Ku Klux Klan aforesaid, and his devo-
tion to the g'overnuient of the United States ; and

Whereas, on the 2Gth of May, ISTO, a most atrocious mur-
per was committed by tliree disguised men on Neill McLeod
and Daniel McLeod, white, of the county of Cumberland, and
three others of the family v.-ere wounded by these assassins ; and

Wliereas, in divers other localities peaceable citizens have
been insulted in their houses, put in fear for their lives, whipped,
scourged, maltreated, mutilated and murdered by persons dis-
guised, and known as the Ku Klux Klan ; and whereas, retal-
iation has commenced by the burning of barns, stables and
mills; and whereas, all these evils are to be traced to the Ku
Klux Klan aforesaid, though no apology can be offered for the
retaliation referred to, for it is erpially to be deplored and rep-
robated as a wicked violation of the law ; and upon due infor-
mation laid before me, (which information has not been fur-
nished,) that barns, or stables, or mills, or dwelling houses,
have been burned b}' incendiaries, mentioning localities and
the persons to whom the said barns, or stables, or mills, or
dwelling houses belonged, rewards will also be offered for the
arrest and conviction of the incendiaries aforesaid :

Now, THEREFORE, I, WiLLiAM W. HoLDEN, Govemor of the
State (if North Carolina, do issue this m^^ proclamation, ofler-
ing a reward of FIVE HUNDRED DOLLARS for the arrest
of each of the n^iurderers of the w^ife and children of Daniel
Blue, ot each of the murderers of Wyatt Outlaw, of each of
the murderers of John W. Stephens, of each of the murderers
of Robin Jacobs, of each of the ])ersons who murdered Puryear,
and of each of the persons who murdered Neill McLeod and
Daniel McLeod, and robbed the family of the said Neill

17

McLeod, together with such evidence as will lead to the con-
viction of the persons thus arrested ; those who planned,
advi>:^ed o<: couuoGlled the commission of the act ; those v\'ho
participated in the act or acts ; or those who conspired to
conceal tfce bodies of the murdered, or aided in the concealment
and escape of the felons :

And I enjoin npon all otiicers, civil and military, to aid in
bringing these and all other offenders to justice ; and especially
to discountenance, discourage, and repress all organizations of
men who ride or walk at night in disguise, with arms in their
hands. It is a misdemeanor thus to go disguised, and it is
felony if these disguised persons molest or injure peaceable
citizens in their life and property.

_. Done at oiir city of Raleigh, this sixth day of

\ L. s. • June, in the year of our Lord one thousand eight

^--^ — ■ hundred and seventy, and in the ninety-fourth year
-of our Independence.

W. W. IIOLDEN, Gove7'nor.
By the Governor:

W. R. Richardson, Prroate Secretary.

18

EXP ARTE BOYD AND OTHERS.

Mr. R. C. Badger, counsel lor the Executive, appeared and
read the following reply to the Chief Justice's letter of yes-
terday.

EXECUTIYE OFFICE,

Raleigh, July 19, ISTO.

To the Hon. Richmond M. Pearson,

Chief Justice of North Carolina :

Sir: — Your coraumuication of yesterday concerning the
arrests made hy Col. Geo. W.lvirk, together with tlie enclosed,
is received.

I respectlully reply :— That Col. Geo. W. Kirk made the
arrests and now detains the prisoners named by ray order. He
was instructed firmly but respectfully to decline to deliver the
prisoners. Xo one goes before me in respect for the civil law,
or for those whose duty it is to enforce it, but the condition of
Alamance county, and some other parts ot the State, has been
and is such that, though reluctant to use the strong powei-s
vested in me by law, I have been forced to declare them in a
state of insurrection.

For months past there has been maturing in these localities,
imder the guidance of bad and disloyal men, a dangerous
secret insurrection. I have invoked public opinion to aid me
in suppressing this treason ! I have issued proclamation after
proclamation to the ])eople of the State to break up these un-
lawful combinations ! 1 have brought to bear every civil
power to restore peace and order, but all in vain ! The Con-
stitution and laws of the United States and of this State are
set at naught ; the civil courts are no longer a protection to
life, liberty and property ; assassination and outrage go un-
punished, and the civil magistrates are intimidated and are
afraid to perform their functions.

19

To the majority of the people of these sections the approach
of night is like the entrance into the valley of the shadow of
death ; the men dare not sleep beneath their roofs at night,
but abandoning their wives and little ones, wander in the woods
until da}'.

Thus civil govornnient was cniuibling around me. I deter-
mined to ni]) this new treason in the bud.

By virtue of the power vested ia me by the Constitution and
laws, and by that inherent right of self-preservation which
belongs to all governments, I have proclaimed the county of
Alamance in a state of insurrection. Col. Geo. W. Kirk is
commanding the military forces in that county, made the
arrests referred to in the writ of habeas corpus, and nov/ detains
the prisoners by my order.

At this time I am satisfied that the public interests require
that these military prisoners shall not be delivered u]) to the
civil power.

I devoutly hope that the time may be short when a restora-
tion of peace and order may release Alamance county from the
presence of military force and the enforcement of military law.
When that time shall arrive I shall promptly restore the civil
power.

W. W. IIOLDEN.

Governor.

On the conclusion'of the reading of the communication from
the Executive, Mr. Badger read various Proclamations issued
from the Executive ofJdce at*various times within the last two
years in reference to various Ku Klux outrages and disorders
in the counties of Jones, Lenoir, Alamance, A:c.

Chief Justice said, before the argument opens I will observe
to the counseUthe object of argument is to aid me in forming
an opinion on four questions of law :

1. Do the tacts set out] by his Excellency show that Col.
Kirk had a " reasonable excuse '' for not making return to the

20

ivrits of Itabta-s corpus^ as so to release him from the powers
and penalties of an attachment ?

2. Do tlie facts set out show an " insurrection " and a con-
dition of things, putting the lives and property of our citizens
in such immiiicut peril as to suspend the writ oi habeas corpus
in the counties subject to military occupation?

3. Suppose the writ not to to be suspended as in the present
condition of the countr}^, it is highly probable, na}', in my
opinion certain^ that an order to the Sheriff of a countj' to call
out " the })o\ver of the county," and with force take the peti-
tioners out uf the hands of the military authorities will plunge
the whole State into civil war, — should not the act of lS68-'69,
be so constru(Kl as to nuike it ?ubservient to that clause of tlie
cojjstitution, which confers power on the Governor to call out
the militia t»> suppress riots and insurrection, in counties where
the Governor has exercised this power and taken military pos-
session ?

4. If so, bliould the w^rit be directed to the Governor?

I shall be pleased to hear argument on these subjects as
<|uestions of law, and will leave it to tiic good sense of the
coiaisel to decide, whether an excited discussion such as on
yesterday, v.-ill be calculated either to aid me in forming an
opinion, or to answer any other useful purpose.

PEARSON.

21

OPINION OF CHIEF JUSTICE PEAESON IN THE
HABEAS CORPUS CASE OF A. G. MOORE.

EXPARTE, ADOLPIIUS G. :SI(30RE.

Upon proof of service and tlie taihiro of Col. Kirk to return
the writ, tlie counsel of the prisoner submitted two motions :

1. For an attachment against G. VV". Kirk foi- failing to make
return ;

2. For a writ, to be directed to the Sheriff of some county,
commanding him, with the power of the county, if necessary,
to take the prisoner out of the hands of said Kirk and have
him before the Chief Justice.

The fact of service and the failure to make return was a suf-
ficient foundation for these motions. But the affidavit sets out
furtlier that G. "W. Kirk said '" he was acting under the orders
of Gov. Ilolden, and should make no return."

This extraneous matter, if true, had in my judgment an im-
portant bearing on the pending motions, and net being at lib-
erty to assume it to be true on the verbal stjit-.Miient of Col.
Kirk, I addressed a communication to his Excellency, asking
to be informed if Col. Kirk had his orders. Tlio |uirpose was
to have the orders to Col. Kirk avowed or disavowed, and make
it a fixed fact one way or the other, and to afford an opportu-
nity to his Excellency, if avowed, of setting out the ground of
bis action, and of being heard by counsel. The cause of truth
is always served by argument on both sides.

1. The main question, and one on which both motions de-
pend, is this: Does the fact that the Governor had declared
the county of Alamance to be in a state of inbUjroction, and
had taken military possession, have the legal efiect to suspend
the writ of haheas corjms in that county ? If so, the prisoner
takes nothing by either motion ; if otherwise, it will become
necessary to give tliem further consideration.

It was insisted by the counsel of the prisoner that the Gov-

22

ernor's reply is no part of this proceeding, and cannot be
noticed. In my opinion it forms a part ot the proceeding- to
the extent of the avowal of the orders given to Col. Kirk, (that
is in direct response to my inquiry,) and of the fact that in the
exercise of the power conferred on him, he had declared the
county of Alamance to be in a state of insurrection — taken
military possession and ordered tlic arrest and detention of the
petitioner, as a inilitary prisoner ; tlie action of his Excellency
is relevant, for, if the privilege of the writ of haheax corjnts be
suspended, the writ now sued for ought iK>t to be awarded —
{exjyarte Tobias Watklns, 3, Petern 103.) 'i'he (-iiicf Justice
says : " The writ ought not to be awarded, if the Court is
satisfied that the prisoner wuuid l)c rcnumded." This case is
cited and appi-oved. {E,r j)aiif Millhjan 4, ^Vallace 111.)

Ilis Excellency was also pleased to set out some of the special
facts that SHtislied him that the civil authorities of the county
were ui'.able td j-rotect its citizens in the enjoyment of life and
property ; Ir is not mine to pass uj)on these facts or judge ot
thei'.' sufnciency.

Mr. Uadgc)', of counsel lor His Excellency, relied on the
Constitution. " The Governor shall be commander-in-chief,
and have power to call out the militia to execute the law, sup-
press riots or insurrections and to repel invasion." — Art. XII,
Sec. 3, and on the statute act 1800- 70, chap. XXVII, sec. 1 —
" The Governor is hereby authorized and empowered, when-
ever in his judgment the civil authorities in any county are
miable to j)rotect its citizens in tlie enjoyment of lite and prop-
erty, to declare such county to be in a state of insurrection,
and to call into active service the militia of the State, to sucli
an extent as may become necessary to suppress the insurrec-
tion ;'' and he insisted :

1. This clause of the Constitution and the statute empowers
the Governor to declare a county to be in a state of insurrec-
tion whenever, in Ms judgincnt^\\\Q civil authorities are unable
to protect its citizens in the enjoyment of life and pro]>crty.
The (Tovernor has so declared in regard to the county of Ala-

23

TOance, and the judiciary cannot call his action in question or
review it, as the matter is confided solely to the judojment of
the Governor.

2, The Constitution and this statute confers on the Governor
all the powers " necessary " to suppress the insurrection, and
the Governor has takeii military possession of the county and
ordered the arrest and detention of the petitioner as a military
prisoner. This was necessary, for unlike other insurrections
it is not open resistance, but a novel kind of insurrection, seek-
ing to effect its purpose by a secret association spread over the
country, seeking to effect its purpose by secret association,
scourging and other crimes committed in the dark, and evading
the civil authorities, by masks and fraud, perjurj' and intimi-
dation.

It follows, that the privilege of the writ of haheas corpus, is
•suspended in that county, until the insurrection be suppressed.

I accede to the first proposition ; full faith and credit are
due to the action of the Governor in this matter, because he is
the competent authority, acting in pursuance of the constitu-
tion and the law. The power, from its nature, must be exer-
cised in the executive, as in case of invasion or open insurrec-
tion. The extent of the power is alone the subject of judicial
determination.

As to the second, it may be that the arrest and also the de-
tention of the prisoner is necessary, as a means to suppress the
insurrection. But I cannot yield m}- assent to the conclusion :
the means must be^^^'ope?' as m'oII as necessarj-, and the deten-
tion of the petitioner as a military prisoner, is not a proper
means. For it violates the declaration of rights. " The privi-
lege of the writ of haheas corims^ shall not be suspended," —
Constitution, Art. 1, Sec. 21.

This is an express provision, and there is no rule of construc-
tion or principle of constitutional law, by which an express
provision can be abrogated and made of no force by an impli-
cation from any other ])rovision of the instrument. The clauses
should be construed, so as to give cUcct to each and ]->rcvent

24

conflict. This is done, by giving to Art. XII, feec. 3, tlie
effect of allowing military possession of a cownty to be taken
and the arrest of all suspected persons, to be made by military
authority, but requiring by force of Art. 1, sec. 21, the
persons arrested, to be surrendered for trial, to the civil au-
thorities on habeas corpus, should tliey not be delivered over
without the writ.

This prevents conflict with the Jiaheas corjnis clause and
harmonises with the other articles ot the " declaration of
rights " trial by jury, &c., all of which have been handed down
to us by our fathers, and by our English ancestors, as great
fundamental principles, essential to the protection of civil
liberty.

I declare my opinion to be, that the privilege of the writ of
habeas corpus has not been suspended by the action of his Ex-
cellency ; that the Governor has power under the constitution
and laws to declare a county to be in a state of insurrection,,
to take military possession, to order the arrest of all suspected
persons, and to do all tilings necessar}^ to suppress the insur-
rection, but he has no power to disobey the writ of habeas-
corjpus^ or to order the trial of any citizen, otherwise than by
jury. According to the law of the land, such action would b&
in excess of his powder.

The judiciary has wm power to declare the action of the
executive as well as the acts of the General Assembly, when
in violation of the constitution, void and of no effect, Having^
conceded full faith and credit to the action of his Excellency,
within the scope of the power conferred on him, I feel assured
he will in like manner give due observance to the h\w as
announced by the judiciary. Indeed he cannot refuse to da
so, without taking upon himself the responsibility of acting on
the extreme principle, " The safety of tlie State is the snjjreme
law."" I will venture to hope, as evil as the times may be, our
country has not yet reached the point, when a resort to ex-
treme measures has become a public necessity.

2. The motion for an attachment against Col. Kirk is based

iio

on the hcibeas corjms act, acts lSGS-'69, chapter 1, sec. 15.-
" If any pereon on whom a writ of habeas corpus is served,
shall refuse or neglect to obey the same by producing the body,
&c., within the time required, and no sufficient excuse hesJwwn,
it shall be the duty of the Judge or Court forthwith to issue an
attachment against such person to the Sheriff of any county in
the State, commanding him immediately to arrest such person
and bring him before the Judge or Court, and such person
shall be committed to jail, until he shall make return to the
writ and comply with any order that may be made in relation
to the partij for whose relief the writ shall have been issued."

Col. Kirk has refused to make return. The question is, do
the facts before me " show a sufficient excuse ?" The affida-
vit sets out that Col. Kirk put his refusal on the ground that
he had orders from his commander-in-chief, who is the Gov-
ernor of the State, not to obey the writ. His Excellency avows
that Col. Kirk was acting under his orders. So, we have this
case : Col. Kirk is commanded by the Chief Justice to produce
the body. He is ordered by his Commander-in-Chief not to
obey the writ. What was the man to do ? He elected to
obey bis orders. In my opinion there was sufHcient excuse for
refusing to return the writ. The motion is not allowed.

The act in question does not rest on the idea ot punishing
for a contempt of the Judge or Gourt^ but of compelling a re-
turn to tRe writ, and the production of the body. It is a sub-
stitute for the provision in " the old habeas corpus act," which
punished the officer or person refusing or neglecting to make
due return, " upon conviction by indictment," with a fine of
$500 for the first offence, of $1000 and incapacity to hold office
for the second. The late act is an improvement upon the
former, by substituting the speedy remedy ot attachment in
place of indictment, and the severe punishment of imprison-
ment in place of fine. Both acts are evidently intended to
punish for not making return, and the last is also intended for
the immediate relief of the party in whose behalf the writ i*
issued. The motion of punishing for a contempt of the Judge

26

or Court is not involved in either act, certainly not in that of
186S-'69 ; that is provided for by " the contempt act," (same
session.) The 'proceeding is, by a rule to sliow cause, why an
attachment should not issue. And yet I was urged, with much
vehemence, by learned and aged counsel, to rule Col. Kirk up
for a contempt of the Chief Justice in this : The affidavit ot
service sets out that Col. Kirk, when the writM^as served, said,
" tell them such things are played out ; I have m}' orders from.
Governor Holden and shall not obey the writ,"' '• I will sur-
render them on Gov. Holden's order, but not otherwise, unless
they send a sufficient force to whip me." This, as was well
said by Mr. Badger, is the language of a rude soldier, and not
as courteous as we usually iind in judicial proceedings. The
motion for a rule to sho.v cause for this contempt is not perti-
nent to the matter now on hand. The evidence on which it
rests comes in a questionable shape — extraneous matter put
into an affidavit of service to excite prejudice, and the motion
made at the instance of one who is under arrest lor the horrid
crime of murder by midnight assassination ! At a time when,
as Mr. Bragg feelingl}' remarked, '' we are in the last ditch,
Vv'c look to the judiciary as our only hope. If that fails us, the
country is gone ! gone I gone I" I do not feel it to be my duty
to leave grave matters, and then turn aside, to put a rule on a
rude soldier to show cause, for making a flippant speech. I
Avill be borne out by every member of the profession in saying,
during the thirty-five years I have had the honor ot a seat on
the bench, I have never been slow to punish for contempt and
preserve the dignity of the Court, when I believe there was
an intent to assail it. I know my duty and trust I have firm-
ness enough to discharge it. These remarks seem called for
because of the earnestness with which the motion Avas pressed
in language more courtly but tully as strong as that used by
the rude soldier, and the excited manner in which I was re-
minded of my duty, and exhorted to peiform it ; nay, the oath
of office was read to me and I liad the benefit of hearing read
much of the lofty language of Lord Mansfield.

27

3. Tlie motion for a precept directed to the sheriff of ,-.ome
•conntj to bring- the petitioner tbrtliwitli before nie, and if
necessary, to take with him the power of the county, is based
on the 17th and IStli sections of the habeas corpus act. " The
Court or Judge nuiy direct a precept to any sheriff, coroner or
other person to be designated therein, commanding him to
bring forthwith before such Court or Judge tlie party, (where-
cver to be found,) for whose benefit the writ of habeas corjms
shall have been granted." " In the execution of this writ the
sherifl or person designated may call out the power of the
•connty.""

The petitioner is entitled to this writ ; tlie only question is,
to whom should it be directed. The motion is that it should
be directed to the Sheriff" of some county.

I have considered the matter fully, and have come to the
conclusion not to direct it to a sheriff". The act gives a dis-
cretion. In the present condition of things, the counties of
Alamance and Caswell declared to be in a state of insurrection
■and occupied by military forces, and the public mind fever-
ishly excited ; it is highly probable, nay, in my opinion, certain, •
that a writ in the hands of a Sheriff", (with authority to call
out the power of the county,) by which he is commanded with
force, if necessary, to take the petitioner out of the hands of
the military authorities, will plunge the whole State into civil
Avar.

If the Sheriff demands the petitioner of Col. Kirk, with his
present orders, he will refuse, and then comes war. The coun-
try has had war enough. But it was said by the counsel of
the petitioner, " if in the assertion of civil liberty, war comes,
let it come ! The blood will not be on your hands or on ours ;
it will be on all who disregard the sacred writ of habeas corpus.
Let justice be done if the heavens fall."

It would be to act with the impetuosity ol youtli and not
with the calmness of age, to listen to such counsels. "Let
justice be done if the heaven falls," is a beautiful figure of
speech, quoted by every one of the five learned counsel. Justice

28

must 1)0 done, or tlie power of the Judiciary be exhausted, but
I would forfeit all claim to prudence tempered with firmness,,
should I, without absolute necessity, add fuel to the flame, and
plunge the country into civil war, provided my duty can be
fully discliarged without that awful consequence. Wisdom
dictates, if justice can be done, " let heaven stand." Unless,
the Governor revokes his orders. Col. Kirk will resist ; that
appears from the affidavit of service.

The second branch of the motion, that the power of the-
county be called out if necessary to aid in taking the petitioner
by f(»rce out of the hands of Kirk, is as difficult of solution as-
the first.

The power of thti county, or '■'■posse coinitatus^'' means the
'men of the county hi lohich the writ is to he executed : in this-
instance Caswell, and that county is declared to be in a state
of insurrection. Shall insurgents be called out by the person^
who is to execut the writ, to join in conflict with the military
forces of the State ?

It is said a sufficient force will volunteer from other counties ;
they may belong to the association, or be persons who sympa-
thize with it. But the ""posse comltatus^^ must come from
the county where the writ is to be executed ; it would be illegal
to take men from other counties. This is settled* law ; shall
illegal means be resorted to in order to execute a writ ^

Again ; every able-bodied man in the State belongs to the
militia. The Governor is by the Constitution " commander-
in-chief of the militia of the State," Art. Ill, see. 8. So the
power of the county is composed of men who are under the-
command of the Governor ; shall these men be required tO'
violate, with force, the orders of their Commander-in-Chief^
and do battle with his other forces that are already in the field f
In short, the whole physical power of the State is by the Con-
stitution under the control of the Governor ; the Judiciary has
only a moral power; by the theory of the Constitution there
can be no conflict between these two branches of the govern-
ment.

29

The writ will be directed to the Marshal of the Supreme
Court, with instructions to exiiibit it, and a copy- of this
opinion to His Excellency tho Governor. If he ordeis tno pe-
titioner to be delivered to the Marshal, well ; if not, following
the exauiple of Chief Justice Tany, in Merriaian's case Annual
Cj'clopffidia, for the year 1861, pafi;e 555,1 have .discharged
my duty ; the power of the Judiciary is exhausted, and the
responsibility must rest on the Executive.

TEAESON.
. The following is the order of the Chief Justice, to the Mar-
shal :
To David A. Wicker, Marshal of the Sujpreme Court :

You are hei'eby commanded, in the name of the State of
North Carolina, forthwith to bring James S. Scott, wherever
■to be found, before me, Ilichmond M. Peai'son, Chief Justice
■of the Supreme Court, at the room of the Supreme Court in
the city of Raleigh.

Herein fail not, have there this writ and make due return.

11. M. PEARSON,
Chief Justice Supreme Court.
Instkuction : — You will wait upon his Excellency, the Gov-
>crnor, exhibit 'to hini this writ, and a copy of the opinion in
Moore's case, and make due retuin io me.

R, M. PEARSON,
Chief Justice Supreme Court.

30

EXECUTIVE DEPARTMENT,

Ealeigii, July 26, 1870.

To the Hon. E. M. Pearson,

Chief Justice of the Supreme Coxirt of N. C. :

Sir: — I have had the honor to receive, by the hands of the
Marshal of the Supreme Court, a copy of your opinion in the
matter of A. G. Moore ; and the Marshal has informed me of
the writ in his hands for the body of said Moore, now in the
custody of my subordinate officer, Col. George W. Kirk.

I have declared the counties of Alamance and Caswell in a
state of insurrection, and have taken military possession of
them. This your Honor admits I had the power to do
" under the Constitution and laws." And not only this, " but
to do ctll things necessary to suppress the insurrection,"'
including the power to " arrest all suspected persons " in the
above-mentioned Counties.

Your Honor has thought proper also to declare that the
citizens of the Counties of Alamance and Caswell are insur-
gents^ as the result of the Constitutional and lawful action of
the Executive, and that therefore, you will not issue the writ
for the production of the body of Moore to any of the men
of the said Counties ; that " the 2'>osse comitatus must come
from the County where the wvxt is to be executed," and that
any other means would be illegal.

I have official and reliable information that in the Counties
above named, during the last twelve months, not less than one
hundred persons, " in the peace of God and the State," have
been taken from their homes and scourged, mainly if not en-
tirely on account of their political opinions ; that eight mur-
ders have been committed, including that of a State Senator,
on the same account ; that another State Senator has been
compelled from fear for his life to make his escape to a distant
State. I have reason to believe that the governments of the

said Counties have been mainly if not entirely in the hands of
men who belong to the Kuklux Klan, whose members have
perpetrated the atrocities referred to; and that the County
governments have not merely omitted to ferret out and bring to
justice those of this Ivlan who have thus violated the law. but
that they have actually shielded them from arrest and punish-
ment. The State judicial power in the said Counties, though
in the hands of energetic, learned and npright men, has not
been able to bring criminals to justice : indeed, it is my
opinion, based on facts that have come to my knowledge, that
the life of the Judge whose duty it is to ride the circuit to
which the said Counties belong, has not been safe, on account
of the hatred entertained toM'ards him by the Klan referred to,
because of his wish and purpose to bring said criminals to
justice. For be it known to your Honor that there is a wide-
spread and formidable secret organization in this State, partly
political and partly social in its objects ; that this organization
is known, first, as " The Constitutional Union Guard,'''' —
secondly, as " The WJn'te Brotherhood,^'' — thirdly, as " The
Invisible Emp'tre ;" — that the members of this organization
are united by oaths which ignore or repudiate the ordinary
oaths or obligations that rest upon all other citizens to respect
the laws and to uphold the government ; that these oaths
inculcate hatred by the white against the colored ])eople of
the State ; that the members of this Klan are irreconcilably
hostile to the great ju-inciple of political and civil equality,
on which the government of this State has been reconstructed ;
that these Klans meet in secret, in disguise, with arms, in uni-
form of a certain kind intended to conceal their persons and
their horses, and to terrify those whom they assault or among
whom they move ; that they hold their camps in secret places,
and decree judgment against their peaceable fellow-citizens,
from mere intimidation to scourgings, mutilations and mur-
der, and that certain persons of the Klan are deputed to exe-
cute these judgments; that when the members of this Klan
are arrested for violations of law, it is most difficult to obtain
bills of indictment against them, and still more difficult to
convict them, first, because some of the members or their sym-
pathizers are almost always on the grand and petit juries, and
secondly, because witnesses who are members or sympathizers
unblushingly commit pejury to screen their confederates and
associates in crime ; that this Klan, thus constituted and
having in view the objects referred to, is very powerful in at
least twenty-five Counties of the State, and has had absolute

32

-control for the last twelve montlis of the Counties of Alamance
and Caswell.

Under those circumstances I would liave been recreant to
duty and faithless to my oath, if I had not exercised the power
in the several Counties which your Honor has been pleas-
ed to say 1 have exercised Constitutionally and lawfully ;
especially as, since October, 1868, I have repeatedly, by
proclamations and by letters, invoked public opinion to re-
press these evils, and warned criminals and oilenders against
the laws of the ftite that must in the end overtake them,
if, under the auspices of the Ivlan referred to, they should
persist in their course.

I beg to assure your Honor that no one subscribes more
thoroughly tlian I do to the great principles of haheas corj/us
and trial by jury. Except in extreme cases, in which beyond
all question "the safety of the State is the supreme law,"
these privileges of haheas corpus and trial by jury should l)e
maintained.

I have already declared that, in my judgment, your Honor
and all the other civil and judicial authorities are unable at
this time to deal wath the insurgents. The civil and the
military are alike Constitntionl powers — the civil to protect
life and property when it can, and the military only when the
former has failed. As the Chief Executive I seek to restore,
not to subvert, the judicial power. YourHonor has done j'our
duty, and in perfect harmony with you I seek to do mine.

It is not I nor the military power that has supplanted the
civil authority; that has been done by the insurrection in the
Counties referred to. I do not see Iiom' I can restore the
civil authority until I " suppress the insurrection," which your
Honor declares I have the power to do ; and I do not see liow
I can surrender the insurgents to the civil authority until
that authority is restored. It would be a mockery in me
to declare that the civil authority M'as unable to protect tlie
citizens against the insurgents, and then turn the insurgents
over to the civil authority. My oath to support the Consti-
tution makes it imperative on me to " suppress the insurrec-
tion " and restore the civil authority in the Counties referred
•to, and this I must do. In doing this I renew to your Honor
• expressions of my profound res])ect fur the civil authority, and
my earnest wish that this authority may soon be restored to
•-every County and neighborliood in the State.

I have the honor to bo, with great respect,
Your obedient servant,

W. W. IIOLDEN, .

Governcn\

33

EXTRACTS FROM THE INAUGURAL xVDDRESS OF
GOV. W. W. HuLDE>[, DELIVERED IN CAPITOL
SQUARE, RALEIGH, JULY 4, 186S.

'' The Constitution provides for oro;anizing and arnnng the
militia to *' execute llie law, suppress riots or insurrections and
to repel invasion." The opinion of Wa3hin<)^ton, uttered in
1790, tliat a " free people ought not only to be armed, but dis-
ciplined," and that a well organized militia "is certainly an
<.>bject of primary importance, whether viewed in reference to
the national security, to the satisfaction of the community, or
to the preservation of order," is not less weiij;hty or important
now than it was then. The militia should be organized at
once. It is the duty of the Executive to see that the laws ai'e
faithfully executed and to preseiwe peace among the people.
This duty will be perfortned promptly, fearlessly and firmly.
Every citizen must submit to lawful authority, or refusing to
do so, must expect the penalties of the violated law. In the
language ot our great General, second only to him who was
"■tirst in waj-, first in peace, and first in the hearts of his coun-
trymen,"— "'Let us have Peace I" The sword, which would
not have been drawn but for the criminal folly of the recently
insurgent States, should never again be wielded by Americans
against Americans. Every interest that is dear to us, and
every hope that we may indulge for the future, is indissolubly
bound up with peace and tranquility among ourselves. But
there can be no peace without law, and there can be no effi-
cacy in law without obediei'ce. The law is over all. The
poor and the humble should be protected to as full an extent
as others. They need more than others this protection. Every
one must be free to use what is his own, not trespassing on the
rights of others; to follow his particular calling or employ-
ment; to labor, and to enjoy the fruits of his labor; to speak
freely his sentiments and to vote as he pleases, and not to be
injured or questioned by any for doing any ot these things.
The people of North Carolina are proverbial for their law-
abiding disposition. It is not ai)prehended that disturbances
will arise, or that combinations will be formed to resist the
laws; yet it is known that many hold the opinion that the
reconstruction laws of the United States are unconstitutional,
and therefore null and void ; and it may be that this may lead,
if not to open resistance, to a forcible denial in some localities
of the rights guaranteed by the Constitution of the State,
formed and adopted in pursuahce of said laws. It is also
known that a disposition exists, among no mconsiderable por-
3

34

tion of our popnlarioii, to oppress the poor whites and the
Colored race on account of th"ir political opinions. The magis-
trates and the courts will be sustained by the whole power of
the State, in such action as may be deemed necessay to protect
those who mi,y be thus wronged or oppressed; and the magis-
trates and the courts will be sustained by tlie whole power of
the State in o;iving effect to the Constitution itself, as having
been tairly, justly and properly adopted, and as binding in all
respects on every citizen until clianged or modified in the mode
prescribed in the instrument itself. Differences in political
sentiment are to be expected, and are not calculated in them-
selves to endanger the State ; but a purpose to subvert the
Government, on the assumption that it is not properly derived,
has not been constitutionally adopted, and is illegitimate and
not binding, should be narrowly watched and promptly checked
on the first manifestation ot" any overt act on the part of those
cherishing such purpose. The Constitution of this State is,
under the Constitution of the United States, the supreme
organic law. Tlie Qovernment which it establishes, and the
laws passed in pursuance of it, will be maintained and enforced.
To render resistance, therefore, impracticable, if not impossible,
and to maintain the peace by executing the laws in a spirit ot
jnsti(;e to all, it is deemed essential that a portion of the militia
should be well disoipiined and armed, and should be thus
ready at any moment, under the orders of the commander-in-
chief, for active duty."

-.i -X- * -X- -x- * -x-

" Fellow-citizens, let us come out of the caverns of the past,
and forgetting whatever is not worthy to be remembered, let
us resolve to do our duty in our day and time, as North Caro-
linians, as iVniericans. In a climate and with a soil for which
Providence has done so much, let us resolve to do something
for ourselves and our children. Let us devote ourselves to the
arts of peace. Let us improve this great inheritance. Let our
children and our children's children, when they shall come to
take our places, say of us, " Our ancestors remembered and
did what was wise, and what was good for us. Behold, the
beautiful country they have left to us ! the just and equal laws
that are over us, and the hope that their work has made strong
in us that we can do even more for our children than they have
done for us,' Let us at least unite upon the one great object
of improving and building up the State, Let us welcome
capital and immigration, furnishing as they will the indispen-
sable means to our ]>rogress and prosperity. Prejudices grow-
ing out of nativity, or out of the rebellion, are not worthy to be
cherished. Let us discard such prejudices. We are once more

35

Americans — all. Let us receive with courtesy and kindness
every citizen of the Nortliern or Eastern States wlio may cast
liis lot among us, and measure him as we measure others,
according to his personal and moral worth. We cannot hope
to iujprove our condition if we repel capital and immigration,
either by so acting as to produce the belief that it is not safe
to settle among us on account of the want of law and order, or
unpleasant, because of rude or uncivil treatment to the immi-
grant. It should be remembered that our ancestors were,
originally, as much "adventurers" as others. Of the three
signers of the Declaration of Independence for this State,
neitlier was a native. Richard Caswell, one of our greatest
Governors, and sometimes called the Washington of North
Carolina, was not a native ; nor was Josejih Caldwell, who
built up our University and led the way with Murphy, Yancey,
Stanly, Saunders and others in internal improvements and
public instruction.

We want the best I'veoj^le from Europe, and from all parts of
the United States to settle among us. It is men that make a
State Let them come, with their enterprise and money,
their muscle and intelligence ; and when they get here let the
rivalry be as to M'ho shall do most for the good and the glory
of our beloved State.

The government of the United States, in the prosecution of
the war to suppress tiie rebellion, and in the measures it has
adopted to reconstruct the Union, has exhibited extraordinary
clemency and magnanimity. It has taken no vengeance for
the past, but has required only security for the future. It has
deprived no man of his property save for war purposes during
the progress of the war ; it has exiled no man ; it has punished
no man for the crime of rebellion. It has simply required that
those who have been in rebellion should renew their allegiance,
and that such guards should be placed in the organic laws of
the States and the nation as to prevent future rebellion. In-
stead of defining or restricting sufirage permanently, it has left
it with the respective States to be determined and settled as
they may choose ; and this State, following in full measure
the example of the national government, has made suffrage
free to all.

But the war to suppress the rebellion has, in its results,
necessarily changed as it has settled the theory of construction
previously held by a large portion of the people. Our liberties
have been consolidated, and the Union can, in no event, be dis-
solved. It is to endure always. It must increase, but never
decrease. For all great national purposes the Government of
the United States is over the States, and paramount to the

36

States, and the allegiance of the citizen is first due to it.
There is no appeal from the will of the nation, expressed by a
majority. Armed resistance to the national authority, whether
by individuals of their own accord, or by individuals acting
under supposed State authority or command, is treason^ and
must be so held and treated. The doctrine of State's rights, as
held by Mr, Calhoun and his followers, has ceased to have
validity or vitality ; and the teachings fwid doctrines of Wash-
ington, Hamilton, Webster, Jackson, Clay and Lincoln now
constitute the true, and the only safe th'eory of construction.
This has been settled, under Providence, by the result of a
solemn appeal to arms among brethren ; ajid he who would un-
settle this theory, thereby rendering it possible that secession
should ever agaiii be attempted, is no friend to his species, to
his State, or to the general government of his country. The
government of the United States is no longer a feeble luminary,
receiving and dispensing light to surrounding planets; but
it is a full sun, burning with superior splendor, pervading and
holding up to itself ihe entire system, and kindling new planets
into life and motion. How beneficent, how glorious, how far-
reaching will be the light it will dispense when it reaches its
meridian, we shall not live to see, but the generations to come
after us will walk in that light, and be contented, prosperous
and happy. In the fullness of their gratitude they wall thank
God, as we do, that the government of the United States, de-
livered from the perils of rebellion, and reconstructed on the
basis of the equal rights of all, is as indestructible as the earth
itself, and as secure in its position and in the exercise of all its
great powers, as

" The Northern star,
Of whose true, fixed and resting quality.
There is no fellow in tlie firmament."

I have thus, fellow citizens, stated briefly and plainly the great principles con-
tained in our State Constitution, and I have frankly announced the policy which
will characterize my administration. Cherishin;^ neither malice nor resentment
for anythinf^ whicli has occurred in the past, I shall endeavor to do my duty.
I shall' keep constantly in view the welfare of North Carolina. I love the Union
because it is the first, the last, the only hope of my State ; and I love my State,
because her people have been good and kind to me, and because her sky is above
my home, as it will be above my grave. If I have enemies, that does not make
me an enemy to my State, nor move me to a course of action based on resent-
ment or revenge. I follow the principles of Wasuixgton, who founded, and of
Lincoln, who saved the Republic ; and when these principles cease to lead, I
shall cease to follow. May the God of our fathers have us in His holy keeping;
may He govern, and not we ; and may the future of our beloved State be as
bright and glorious as the last seven years have been disastrous and unhappy."

mSZ.Z.^o^^ss

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